Proposal for a Directive of the European Parliament and of the Council establishing an infrastructure for spatial information in the Community (INSPIRE)

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Subject : Proposal for a Directive of the European Parliament and of the Council establishing an infrastructure for spatial information in the Community (INSPIRE)

ANNEX

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing an infrastructure for spatial information in the Community (INSPIRE)

CHAPTER I

GENERAL PROVISIONS

Article 1

  • 1. 
    This Directive lays down general rules aimed at the establishment of an infrastructure for spatial information in the Community, for the purposes of

Community environmental policies and policies or activities which may have a direct

or indirect impact on the environment.

  • 2. 
    The infrastructure for spatial information in the Community shall build upon infrastructures for spatial information established and operated by the Member

States.

Article 2

Article 3

For the purposes of this Directive, the following definitions shall apply:

(1) "infrastructure for spatial information" means [...] metadata, spatial data sets and spatial data services; network services and technologies; agreements on sharing,

access and use; and coordination and monitoring mechanisms, processes and

procedures, established, operated or made available in accordance with this

Directive.

(2) "spatial data" means any data with a direct or indirect reference to a specific location or geographical area.

(3) "spatial data set" means an identifiable collection of spatial data.

(4) "spatial data services" means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the

related metadata.

(5) "spatial object" means an abstract representation of a real-world entity related to a specific location or geographical area.

(6) "metadata" means information describing spatial data sets and spatial data services and making it possible to discover, inventory and use them.

(7) "interoperability" means the possibility for spatial data sets to be combined, and for services to interact, without repetitive manual intervention, in such a way that the

result is coherent and [...] the added value of the data sets and services is enhanced.

(8) "geo portal" means an internet site, or equivalent, providing access to the services referred to in Article 11(1).

(9) "public authority" means:

(a) any government or other public administration, including public advisory bodies, at national, regional or local level;

(b) any natural or legal person performing public administrative functions under national law, including specific duties, activities or services in relation to the

environment; and

(c) any natural or legal person having public responsibilities or functions, or providing public services under the control of a body or person falling within

(a) or (b).

Member States may provide that when bodies or institutions are acting in a judicial

or legislative capacity, they are not to be regarded as public authorities for the

purposes of this Directive.

(10) "third party" means any natural or legal person other than a public authority.

Article 4

  • 1. 
    This Directive shall cover spatial data sets which fulfil the following conditions:

(a) they are related to an area where a Member State has jurisdictional rights;

(b) they are in electronic format;

(c) they are held by or on behalf of any of the following:

(i) a public authority, having been produced or received by a public authority, or being managed or updated by that authority,

(ii) a third party to whom the network has been made available in accordance

with Article 12.

(d) they relate to one or more of the themes listed in Annexes I, II or III.

  • 2. 
    This Directive shall also cover the spatial data services relating to the data contained in the spatial data sets referred to in paragraph 1.
  • 3. 
    In the case of spatial data sets which comply with the condition set out in point (c) of paragraph 1, but in respect of which a third party holds intellectual property rights,

the public authority may take action under this Directive only with the consent of

that third party.

  • 4. 
    By way of derogation from paragraph 1, this Directive shall cover spatial data sets held by or on behalf of a public authority operating at the lowest level of government

within a Member State only [...] the Member State has laws or regulation concerning

them.

  • 5. 
    The spatial data themes referred to in Annexes I, II and III may be adapted or extended by the Commission in accordance with the procedure referred to in Article

24(2) to take into account the evolving needs for spatial data in support of

Community policies that directly or indirectly affect the environment.

CHAPTER II

METADATA

Article 5

  • 1. 
    Member States shall ensure that metadata are created for the spatial data sets and services corresponding to the themes listed in Annexes I to III, and that those

metadata are kept up to date.

  • 2. 
    Metadata shall include information on the following:

(a) the conformity of spatial data sets with the implementing rules referred to in Article 7(2);

(b) rights of use of spatial data sets and services and, where applicable, corresponding fees;

(c) the quality and validity of spatial data;

(d) the public authorities responsible for the establishment, management, maintenance and distribution of spatial data sets and [...] services;

(e) limitations on public access and the reasons for such limitations, in accordance with Article 13.

  • 3. 
    Member States shall take the necessary measures to ensure that metadata are complete and of a quality sufficient to fulfil the purpose set out in Article 3(6).
  • 4. 
    The Commission shall, in accordance with the procedure referred to in Article 24(2) and within one year of the date of entry into force of this Directive, adopt rules for

the implementation of this Article. These rules shall take account of relevant,

existing standards and user requirements.

Article 6

Member States shall create the metadata referred to in Article 8 in accordance with the

following timetable:

(a) by [3 years after the entry into force of this Directive] in the case of the spatial data sets corresponding to [...] the themes listed in Annexes I and II;

(b) by [6 years after the entry into force of this Directive] in the case of the spatial data sets corresponding to [...] the themes listed in Annex III.

CHAPTER III

INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES

Article 7

  • 1. 
    Member States shall, within two years of the adoption of the implementing rules and in accordance with those rules, referred to in paragraph 2, ensure the exchange of

spatial data sets, the interoperability of spatial data sets and services and, where

practicable, the harmonisation of spatial data sets and services.

  • 2. 
    The Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing rules laying down arrangements for the exchange,

interoperability and harmonisation of spatial data sets and services referred to in

paragraph 1. Relevant user requirements and existing initiatives to harmonise spatial

data sets shall be taken into account in the development of the implementing rules.

  • 3. 
    The implementing rules provided for in paragraph 2 shall cover the definition and classification of spatial objects relevant to the spatial data and the way in which those

spatial data are geo-referenced.

  • 4. 
    Natural or legal persons with an interest in the spatial data concerned by virtue of their role in the spatial information infrastructure, including users, producers, added

value service providers or any coordinating body shall be given the opportunity, in

accordance with applicable procedures, to participate in the relevant Commission

consultations on the content of the implementing rules, provided for in paragraph 2,

prior to consideration by the Committee.

Article 8

  • 1. 
    In the case of spatial data sets corresponding to one or more of the themes listed in Annex I or II, the implementing rules provided for in Article 7(2) shall meet the

conditions laid down in paragraphs 2, 3 and 4.

  • 2. 
    The implementing rules shall address the following aspects of spatial data:

(a) a common system of unique identifiers for spatial objects, to which identifiers under existing national systems can be mapped;

(b) the relationship between spatial objects;

(c) the key attributes and the corresponding multilingual thesauri commonly required for policies which may have a direct or indirect impact on the

environment;

(d) the way in which information on the temporal dimension of the data is to be exchanged;

(e) the way in which updates of the data are to be exchanged.

  • 3. 
    The implementing rules shall be designed to ensure consistency as between items of information which refer to the same location or between items of information which

refer to the same object represented at different scales.

  • 4. 
    The implementing rules shall be designed to ensure that information derived from different spatial data sets is comparable as regards the aspects referred to in Article

7(3) and in paragraph 2 of this Article.

Article 9

The implementing rules provided for in Article 7(2) shall be adopted in accordance with

the following timetable:

(a) by [2 years after the entry into force of this Directive] in the case of the spatial data sets corresponding to the themes listed in Annex I;

(b) by [5 years after the entry into force of this Directive] in the case of the spatial data sets corresponding to the themes listed in Annex II or III.

Article 10

  • 1. 
    Member States shall ensure that any information, including data [...] needed for compliance with the implementing rules provided for in Article 7(2) are made

available to public authorities or third parties in accordance with conditions that do

not restrict their use for that purpose.

  • 2. 
    In order to ensure that spatial data relating to a geographical feature the location of which spans the frontier between two or more Member States are coherent, Member

States shall, where appropriate, decide by mutual consent on the depiction and

position of such common features.

CHAPTER IV

NETWORK SERVICES

Article 11

  • 1. 
    Member States shall establish and operate a network of the following services for the spatial data sets and services for which metadata have been created in accordance

with this Directive:

(a) discovery services making it possible to search for spatial data sets and spatial data services on the basis of the content of the corresponding metadata and to

display the content of the metadata;

(b) view services making it possible, as a minimum, to display, navigate, zoom in/out, pan, or overlay spatial data sets and to display legend information and

any relevant content of metadata;

(c) download services, enabling copies of spatial data sets, or of parts of such sets, to be downloaded;

(d) transformation services, enabling spatial data sets to be transformed;

(e) services allowing spatial data services to be invoked.

Those services shall take into account relevant user requirements and shall be easy to

use and accessible via the Internet or any other appropriate means of

telecommunication available to the public.

  • 2. 
    For the purposes of the services referred to in point (a) of paragraph 1, as a minimum the following combination of search criteria shall be implemented:

(a) keywords;

(b) classification of spatial data and services;

(c) spatial data quality and spatial accuracy;

(d) degree of conformity with the implementing rules referred to [...] in Article 7;

(e) geographical location;

(f) conditions applying to the access to and use of spatial data sets and services;

(g) the public authorities responsible for the establishment, management, maintenance and distribution of spatial data sets and services.

  • 3. 
    The transformation services referred to in point (d) of paragraph 1 shall be combined with the other services referred to in that paragraph in such a way as to enable all

those services to be operated in conformity with the implementing rules provided for

in Article 7.

Article 12

Member States shall ensure that public authorities are given the technical means to link

their spatial data sets and services to the network referred to in Article 11(1). This [...]

service will also be made available upon request to third parties whose spatial data sets and

services comply with implementing rules laying down obligations with regard, in

particular, to metadata, network services and interoperability.

Article 13

  • 1. 
    By way of derogation from Article 4(2) of Directive 2003/4/EC and Article 11(1) of this Directive, Member States may limit public access to the services referred to in

points (b) to (e) of Article 11(1), or to the e-commerce services referred to in Article

14(2), where such access would adversely affect any of the following:

(a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for by law;

(b) international relations, public security or national defence;

(c) the course of justice, the ability of any person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary

nature;

(d) the confidentiality of commercial or industrial information where such confidentiality is provided for by national or Community law to protect a

legitimate economic interest, including the public interest in maintaining

statistical confidentiality and tax secrecy;

(e) the confidentiality of personal data and/or files relating to a natural person where that person has not consented to the disclosure of the information to the

public, where such confidentiality is provided for by national or Community

law;

(f) the protection of the environment to which such information relates, such as the location of rare species.

  • 2. 
    The grounds for limiting access, as provided for in paragraph 1, shall be interpreted in a restrictive way, taking into account for the particular case the public interest

served by providing this access. In every particular case, the public interest served by

disclosure shall be weighed against the interest served by the limiting or conditioning

the access. Member States may not, by virtue of paragraph 1(a), (d), (e) and (f), limit

access to information on emissions into the environment.

Article 14

  • 1. 
    Member States shall ensure that the services referred to in Article 11(1)(a) and (b) are available to the public free of charge.
  • 2. 
    Where public authorities levy charges for the services referred to in Article 11(1)(c) or (e), Member States shall ensure that e-commerce services are available.

Article 15

  • 1. 
    The Commission shall establish and operate a [...] geo-portal at Community level.
  • 2. 
    Member States shall provide access to the services referred to in Article 11(1) through the Community geo-portal.

Member States may also provide access to those services through their own access

points.

Article 16

The Commission shall, in accordance with the procedure referred to in Article 24(2), adopt

rules for the implementation of this Chapter, and shall in particular lay down the following:

(a) technical specifications for the services referred to in Articles 11 and 12 [...] and 14(2) and, taking into account technological progress, minimum performance

criteria for those services;

(b) the obligations referred to in Article 12.

CHAPTER V

DATA-SHARING AND RE-USE

Article 17

  • 1. 
    Member States shall adopt measures for the sharing of spatial data sets and services between public authorities. Those measures shall enable the public authorities of

Member States, and the institutions and bodies of the Community, to gain access to

spatial data sets and services, and to exchange and use those sets and services, for the

purposes of public tasks that may have a direct or indirect impact on the

environment.

The measures provided for in the first subparagraph shall preclude, at the point of

use, any restrictions, in particular of a transactional, procedural, legal, institutional or

financial nature.

  • 2. 
    The possibility of sharing spatial data, as provided for in paragraph 1, shall be open to bodies established by international agreement to which the Community or

Member States are party, for the performance of tasks that may have a direct or

indirect impact on the environment.

  • 3. 
    Member States shall take appropriate measures to prevent distortion of competition in cases where public authorities also carry out commercial activities

unrelated to the performance of their public tasks, and shall make those measures

public.

  • 4. 
    The institutions and bodies of the Community shall have harmonised conditions for access to spatial data sets and services. [...] The Commission shall, in

accordance with the procedure referred to in Article 24(2), adopt implementing

rules governing such access and the related rights of use.

Article 18

The Commission shall, in accordance with the procedure referred to in Article 24(2), adopt

implementing rules to increase the potential of re-use of spatial data sets and services by

third parties. These implementing rules may include the establishment of common

licensing conditions.

CHAPTER VI

COORDINATION AND COMPLEMENTARY MEASURES

Article 19

Member States shall designate appropriate structures and mechanisms for coordinating the

contributions of all those with an interest in their infrastructures for spatial information,

such as users, producers, added-value service providers and coordinating bodies.

Those contributions shall include identification of user needs, provision of information on

existing practices and provision of feedback on the implementation of this Directive.

Article 20

  • 1. 
    The Commission shall be responsible for coordinating the infrastructure for spatial information, as referred to in this Directive, in the Community at Community level

and shall be assisted for that purpose by relevant organisations and, in particular, by,

the European Environmental Agency.

  • 2. 
    Each Member State shall designate a contact point, usually a public authority, to be responsible for contacts with the Commission in relation to this Directive.

Article 21

The standards adopted by European standardisation bodies in accordance with the

procedure laid down in Directive 98/34/EC, as well as international standards, may support

the implementation of this Directive.

CHAPTER VII

FINAL PROVISIONS

Article 22

  • 1. 
    Member States shall monitor the implementation and use of their infrastructures for spatial information.
  • 2. 
    The monitoring provided for in paragraph 1 shall be carried out in accordance with implementing rules adopted by the Commission in accordance with the procedure

referred to in Article 24(2).

  • 3. 
    The information resulting from the monitoring provided for in paragraph 1 shall be made accessible to the Commission on a permanent basis, for example, via the

internet or any other appropriate medium.

Article 23

  • 1. 
    Member States shall report to the Commission on the implementation of this Directive and on the experience gained in applying it. The report shall include:

(a) a description of how public sector providers and users of spatial data sets and services and intermediary bodies are coordinated, and of the relationship with

the third parties and of the organisation of quality assurance;

(b) a description of the contribution made by public authorities or third parties to the functioning and coordination of the infrastructure for spatial information;

(c) a summary of the availability and quality of spatial data sets and the availability and performance of spatial data services;

(d) a summary of available information on the use of the infrastructure for spatial information;

(e) a description of the data-sharing agreements between public authorities;

(f) a summary of the costs and benefits of implementing this Directive.

  • 2. 
    The report referred to in paragraph 1 shall be sent to the Commission every three years, starting in [three years after the entry into force of this Directive].
  • 3. 
    The Commission shall, in accordance with the procedure referred to in Article 24(2), adopt rules for an appropriate reporting format and means of transmission.

Article 24

  • 1. 
    The Commission shall be assisted by a Committee.
  • 2. 
    Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three

months.

  • 3. 
    The Committee shall adopt its rules of procedure.

Article 25

The Commission shall present to the European Parliament and to the Council by [7 years

after the date of entry into force] and every six years thereafter a report on the application

of this Directive.

Where necessary, the report shall be accompanied by proposals for Community action.

Article 26

  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [2 years after the date of entry

into force]. They shall forthwith communicate the Commission the text of those

provisions and a correlation table between those provisions and this Directive.

When Member States adopt these provisions, they shall contain a reference to this

Directive or be accompanied by such reference on the occasion of their official

publication. Member States shall determine how such reference is to be made.

  • 2. 
    Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 27

This Directive shall enter into force on the twentieth day following that of its publication in

the Official Journal of the European Union.

Article 28

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

For the Council

The President The President

_______________

Annex I to the ANNEX

S PATIAL DATA THEMES REFERRED TO IN ARTICLES 6( A ), 8(1) AND 9( A )

  • 1. 
    Coordinate reference systems

Systems for uniquely referencing spatial information in space as a set of coordinates (x,y,z)

and/or latitude and longitude and height, based on a geodetic horizontal and vertical datum

  • 2. 
    Geographical grid systems

Harmonised multi-resolution grid with a common point of origin and standardised location

and size of grid cells.

  • 3. 
    Geographical names

Names of areas, regions, localities, cities, suburbs, towns or settlements, or any

geographical or topographical feature of public or historical interest.

  • 4. 
    Administrative units

National territory, including marine areas, divided into units of administration, for local,

regional and national governance. The administrative units are separated by administrative

boundaries. Also includes the boundaries of national territory and administrative

coastline[...].

  • 5. 
    Transport networks

Road, rail, air and water transport networks and related infrastructure. Includes links

between different networks. Also includes the trans-European transport network as defined

*

in Decision 1692/96/EC and the future revisions of this decision.

*

Decision nº 1692/96/EC on Community guidelines for the development of trans-European transport network.

  • 6. 
    Hydrography

Hydrographic elements, both natural and artificial including marine areas, rivers, lakes,

transitional waters, reservoirs, aquifers, canals or other water bodies, where appropriate in

the form of networks and linked with other networks. Includes river basins and sub-basins

**

as defined in Directive 2000/60/EC.

  • 7. 
    Protected sites

Area designated or regulated and managed, at international, Community, national or local

level to achieve specific conservation objectives.

________________

**

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1.

Annex II to the ANNEX

S PATIAL DATA THEMES REFERRED TO IN ARTICLES 6( A ), 18(1) AND 9( B )

  • 1. 
    Elevation

Digital elevation models for land, ice and ocean surface. Includes terrestrial elevation,

bathymetry and shoreline.

  • 2. 
    Addresses of properties

[...] Location of properties based on address identifiers, usually by road name, building

number, postal code.

  • 3. 
    Cadastral parcels Areas defined by cadastral registers or equivalent [...].
  • 4. 
    Land cover

Physical and biological cover of the earth's surface including artificial surfaces, agricultural

areas, forests, (semi-)natural areas, wetlands, water bodies.

  • 5. 
    Orthoimagery

Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors.

____________________

Annex III to the ANNEX

S PATIAL D ATA T HEMES REFERRED TO IN ARTICLES 6( B ) AND 9( B )

  • 1. 
    Statistical units

Units for referencing census or other statistical information.

  • 2. 
    Buildings Geographical location of buildings.
  • 3. 
    Soil

Soils and subsoil characterised according to depth, texture, structure and content of particles

and organic material, stoniness, where appropriate mean slope and anticipated water storage

capacity. Includes environmental threats to soil such as erosion.

  • 4. 
    Geology

Geology characterised according to composition and structure. Includes bedrock and

geomorphology.

  • 5. 
    Land use

Territory characterised according to its current and future functional dimension or

socio­economic purpose (e.g. residential, industrial, commercial, agricultural, forestry,

recreational).

  • 6. 
    Human health and safety

Geographical distribution of occurrence of diseases linked directly (epidemics, spread of

diseases, health effects due to environmental stress, air pollution, chemicals, depletion of the

ozone layer, noise, etc.) or indirectly (food, genetically modified organisms, stress, etc.) to the

quality of the environment.

  • 7. 
    Utility and governmental services and environmental monitoring facilities

Includes surface and subsurface utility networks and facilities such as sewage, waste management, energy supply, telecommunication and water supply, administrative and social

governmental services such as, public administrations, civil protection sites, schools and

hospitals, location and operation of environmental monitoring facilities includes observation

and measurement of emissions, of the state of environmental media and of other ecosystem

parameters (biodiversity, ecological conditions of vegetation, etc.) by or on behalf of public

authorities.

  • 8. 
    Classified sites for, in particular, industrial and agricultural production [...] Industrial production sites, including installations covered by Directive 96/62/EC (IPPC) and

water abstraction facilities, mining, storage sites. Farming equipment and production facilities

(including irrigation systems, greenhouses and stables).

  • 9. 
    Population distribution ­ demography

Geographical distribution of people aggregated by grid, region, administrative unit or other

analytical unit.

  • 10. 
    Area management/restriction/regulation zones & reporting units

Areas managed, regulated or used for reporting at international, European, national, regional

and local levels. Includes dumping sites, restricted areas around drinking water sources,

nitrate-vulnerable zones, regulated fairways at sea or large inland waters, [...] areas for the

dumping of waste, noise restriction zones, prospecting and mining permit areas, river basin

districts, relevant reporting units and coastal zone management areas.

  • 11. 
    Natural risk zones

Vulnerable areas characterised according to natural hazards (all atmospheric, hydrologic,

seismic, volcanic and wildfire phenomena that, because of their location, severity, and

frequency, have the potential to seriously affect society), e.g. floods, landslides, avalanches,

forest fires, earthquakes, volcanic eruptions.

  • 12. 
    Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on measurements, on

models or on a combination thereof and includes measurement locations.

  • 13. 
    Meteorological geographical features

Weather conditions and their measurements; precipitation, temperature, evapotranspiration,

wind speed and direction.

  • 14. 
    Oceanographic geographical features

Physical conditions of oceans (currents, salinity, wave heights, etc.).

  • 15. 
    Sea regions

Physical conditions of seas and saline water bodies divided into regions and sub-regions with

common characteristics.

  • 16. 
    Bio-geographical regions

Areas of relatively homogeneous ecological conditions with common characteristics.

  • 17. 
    Habitats and biotopes

Geographical areas characterised by specific ecological conditions and physically supporting

the organisms that live there. Includes terrestrial or aquatic areas distinguished by

geographical, abiotic and biotic features, whether entirely natural or semi-natural. Includes

small features of the rural landscape ­ hedgerows, brooks, etc.

  • 18. 
    Species distribution

Geographical distribution of occurrence of animal and plant species aggregated by grid,

region, administrative unit or other analytical unit.

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